Fit for purpose

[Mogullen]

Bought a car on 31/8/13 from a dealer it was second hand but in good condition

Drove home approx 70 miles and parked car as it was un taxed and was going to be done on the Monday ( clamped by DVLA on Sunday morning and towed but that is a different issue)

On Sunday discovered a large pool of oil under car

Phoned dealer on Monday morning informed him of problem with car and was told he was busy but would collect with a transporter on Wednesday 4/9/13

Got car back from DVLA pound on Thursday morning as need it to get to work for my new job

Left car now taxed for dealer to collect from my home. Had to move vehicle on Saturday but discovered that the clutch has now stopped working and you cannot select gears or drive vehicle

Called dealer Saturday 7/9/13 to inform him of new problem and ask when it was going to be collected as I was still waiting. He just said what do you want me to do about it. I informed him that after only 100 miles ish that I thought it was unfit for purpose and he should collect and give me my cash back. His reply was take it to a garage for repair not his problem

I informed Hom that the vehicle was given a warranty by him and he told me that he was to busy to come collect the vehicle as promised as they were short staffed and that was that. Further to the above issues the vehicle has got a clink on Nearside when turning a right corner and the air on has stopped working.

Am I right in assuming that with the above faults and his reply to my calls that I can claim that this vehicle is unfit for purpose and force him to collect vehicle and return my cash ?

Also as I have to keep the vehicle safe and I shred whilst in my care is it fair to charge storage fees while I am waiting ?

Any help would be appreciated

[The Mould]

Bought a car on 31/8/13 from a dealer it was second hand but in good condition

Drove home approx 70 miles and parked car as it was un taxed and was going to be done on the Monday ( clamped by DVLA on Sunday morning and towed but that is a different issue)

On Sunday discovered a large pool of oil under car

Phoned dealer on Monday morning informed him of problem with car and was told he was busy but would collect with a transporter on Wednesday 4/9/13

Got car back from DVLA pound on Thursday morning as need it to get to work for my new job

Left car now taxed for dealer to collect from my home. Had to move vehicle on Saturday but discovered that the clutch has now stopped working and you cannot select gears or drive vehicle

Called dealer Saturday 7/9/13 to inform him of new problem and ask when it was going to be collected as I was still waiting. He just said what do you want me to do about it. I informed him that after only 100 miles ish that I thought it was unfit for purpose and he should collect and give me my cash back. His reply was take it to a garage for repair not his problem

I informed Hom that the vehicle was given a warranty by him and he told me that he was to busy to come collect the vehicle as promised as they were short staffed and that was that. Further to the above issues the vehicle has got a clink on Nearside when turning a right corner and the air on has stopped working.

Am I right in assuming that with the above faults and his reply to my calls that I can claim that this vehicle is unfit for purpose and force him to collect vehicle and return my cash ?

Also as I have to keep the vehicle safe and I shred whilst in my care is it fair to charge storage fees while I am waiting ?

Any help would be appreciated

http://www.legislation.gov.uk/ukpga/1979/54

 

See above act and refer dealer to the same, put him on notice that you intend to take legal action against him for full recovery of price paid and your legal costs if such action should become necessary. State as remedy for this vehicle to be fit for purpose it was purchased for (as described under the said act), you require a full refund and that he remove the vehicle from place it is parked on at present time, full refund first!!!

 

Kind regards

 

The Mould